Driving Under the Influence

In 1996, Mississippi recorded 811 traffic fatalities, of which
338, or 41.6 percent, were alcohol-related. Nationally, alcohol
contributed to 17,126 traffic deaths.

To help curb the number of accidents and death, lawmakers have
toughened drunk driving laws in the U.S. in recent years.
Mississippi strengthened its law this year to include zero
tolerance for minors.

Mississippi's Implied Consent, or DUI, Law declares it illegal
for any person to operate a motor vehicle who is under the
influence of liquor or other substance that impairs his or her
driving ability. The law defines intoxication as a blood alcohol
concentration level of .10 percent for adults, .04 percent for
commercial drivers, and .02 percent for minors (under 21 years of
age).

A chemical test of breath, blood or urine determines proof of
intoxication. A driver may refuse to submit to such a test but may
face stiffer penalties if found guilty. Cooperation may lead to a
lighter sentence.

Adult first offenders face a fine of $250 to $1,000,
imprisonment for up to 48 hours, or both. The court may replace
jail with attendance at a victim impact panel. Attendance and
completion of the Mississippi Alcohol Safety Education Program
(MASEP) is mandatory.

First offenders also face suspension of their drivers' licenses
for up to one year, or 90 days upon completion of MASEP. If the
driver did not refuse the chemical test, the suspension may be
reduced to 30 days. A commercial driver faces a suspended license
for one to three years.

Penalties increase in severity with repeat offenses, if
occurring within a five year period. Third and subsequent offenses
are felonies and have a maximum sentence of five years in the state
penitentiary, $5,000 fine, five-year license suspension, and
seizure of the vehicle. Commercial drivers can have their
commercial licenses revoked permanently.

Minors found guilty of DUI with a blood alcohol level between
.02 and .08 percent also face fines, imprisonment and license
suspension. If a minor's level registers more than .08 percent, the
adult conviction penalties apply.

In all cases, if the convicted drunk driver causes the death or
serious injury of another person, the offense is a felony with
criminal penalties of up to 25 years in prison.

Drinking and driving are a dangerous combination. The law
punishes those who mix the two and put themselves and other
Mississippians at needless risk of death or injury.